Zelman+v.+Simmons-Harris

// Completed independently by Kelsey Cirmotich //

ZELMAN, SUPERINTENDENT OF PUBLIC INSTRUCTION OF OHIO, et al. v. SIMMONS-HARRIS et al. United States Supreme Court. Argued February 20, 2002. Decided June 27, 2002. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Summary:

The problem before the court was whether the Pilot Project Scholarship Program in the Cleveland City School District went against the Establishment Clause of the Constitution. Ohio taxpayers filed a claim that the program advanced religion and therefore was in violation of the Establishment Clause. The program gives financial aid for students to go to participating private schools or receive tutoring if they decide to stay in public school. 56 private schools participated in the program, 46 of which had a religious affiliation. None of the public schools in districts adjacent to Cleveland elected to participate.

Decision:

It was decided that it did violate the Establishment Clause because any private school could participate and the clause actually states that a State can’t enact laws that have the purpose or effect of advancing or inhibiting religion. Schools, whether private or public, cannot discriminate or teach students to discriminate for any reason. All participating schools are required to accept students in accordance with rules and procedures established by the state superintendent. Cases like this have come before the court three times, and every time the court rejected these challenges. The people receiving the financial aid choose to send their children to schools with religious affiliation. Over all the program is for the overall good of the children.

Impact:

This ruling certainly has a continued impact in the Cleveland area, but it also opens up the road for more governmental programs to send students to private schools so they may get a better education. With the economy the way it is, schools keep making cuts and parents can’t afford to ‘choose’ to send their child to a private school. Maybe we will see more programs like the Pilot Project Scholarship Program elsewhere in the country. Or maybe school systems will start making changes in their own programs and teachers so a private school won’t be necessary to reach a more acceptable graduation rate. It’s hard to say where this will lead, but it seems to be for the good of the students one way or the other.

Quiz Question: What was the intended outcome of the Pilot Project Scholarship Program? What do you think of the program?

ZELMAN, SUPERINTENDENT OF PUBLIC INSTRUCTION OF OHIO, et al. v. SIMMONS-HARRIS et al.

United States Supreme Court

Argued February 20, 2002 Decided June 27, 2002

** Background **

Due to poor academic performance, a Federal District Court placed the Cleveland City School District under state control. The district with over 75,000 children, was failing to meet any standards set by the state. Thus, Ohio enacted a program that provided tuition aid for students in K-3rd grade, lasting until 8th grade. These students could attend a public or private school based on parent choice. Plus, the program provided tutorial aid for students in public schools. A group of Ohio taxpayers in 1996 argued that the program violated the Establishment Clause of the United States Constitution. Both the United States District Court and The Court of Appeals for the Sixth Circuit agreed. The United States Supreme Court agreed to hear the case.

** Decision **

The U.S. Supreme Court reversed the decision of The Court of Appeals arguing that the program did not foster the establishment or hindrance of a particular religion. Although it was true that 82% of the schools chosen had religious distinction, the court asserted that parents made independent and private choices for the type of school their children attended. The court also stated that the religious schools received one half the funds of community schools and one third of the funds from magnet schools, thus, suggesting no grounds for school preference by the state. Therefore, the precedence set was that schools with religious affiliation can participate in state programs as long as parents have a choice where to send their children.

** Impact on Education ** The field of education is affected by this decision, especially public schools, because in this instance the majority of parents chose to send their children to non-public schools. Clearly, if this were to happen during tough economical times such as now, public school teachers could possibly lose their jobs. Teachers and administrators in public schools need to be aware that parents have a choice where to educate their children. Therefore, every effort should be made by these professionals to ensure that public schools offer quality education that is competitive with other non-public schools. In a sense, public schools are being pushed by this decision as well as others, to have a more spirited approach to education in the same way competitive businesses act in the private sector.

** Applicable Quiz Question **

Fill in the blank

The group of taxpayers argued against the Ohio funding program on the basis of the _ __clause of The United States Constitution.__ Completed independently by Jody Carter

ZELMAN, SUPERINTENDENT OF PUBLIC INSTRUCTION OF OHIO, et al. v. SIMMONS-HARRIS et al.

United States Supreme Court.

Argued February 20, 2002. Decided June 27, 2002.

Background In the Cleveland Ohio School District there are over 75,000 students in the public schools. Most of these students are from low-income and minority students. For years these public schools have been considered the worst performing in the nation. A pilot program launched to address the educational choices of the families with children in these failing schools has proposed the question of whether or not The Establishment Clause of the United States Constitution has been affronted. The program provided financial assistance as well as tutorial services but these services were rendered to public and private schools, some of which practice religion.

Decision The parents always had the option to send their children to a public or private school setting. Because of this, The U.S. Supreme Court reversed the decision of The Court of Appeals. The reason is because the school’s where religious instruction was taught was not forced upon the parents. It was a choice the parents made. If the state denied these choices and interfered with the schools religious teachings this would be considered discrimination.

Impact on Education Parents are not always in the position to send their children to a private school no matter how badly they want that ‘better education’ for their children. The schools, whether public or private, should have the same goal which is to educate our children so that they are capable of managing their own lives as adults. If we continue this charade between the private and public education process, in the end the students are the only ones who get hurt. Is it really worth fighting over funds and who gets how much if any at all? I believe the money should be distributed equally among the schools whether private or public so all students no matter what race, socio-economic status, or religious believe start with the same chance to have the most successful life possible.

Quiz Question

Fill in the blank- The pilot program provided_ assistance as well as_ services. Submitted by Sandra Crum